[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2584 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2584

    To promote and protect from discrimination living organ donors.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 2016

  Mr. Kirk (for himself and Mrs. Gillibrand) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
    To promote and protect from discrimination living organ donors.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Living Donor Protection Act of 
2016''.

SEC. 2. PROHIBITION ON DENIAL OF COVERAGE OR INCREASE IN PREMIUMS OF 
              LIFE OR DISABILITY INSURANCE FOR LIVING ORGAN DONORS.

    (a) Prohibition.--Notwithstanding any other provision of law, it 
shall be unlawful to--
            (1) decline or limit coverage of a person under any life 
        insurance policy, disability insurance policy, or long-term 
        care insurance policy, due to the status of such person as a 
        living organ donor;
            (2) preclude a person from donating all or part of an organ 
        as a condition of receiving a life insurance policy, disability 
        insurance policy, or long-term care insurance policy;
            (3) consider the status of a person as a living organ donor 
        in determining the premium rate for coverage of such person 
        under a life insurance policy, disability insurance policy, or 
        long-term care insurance policy; or
            (4) otherwise discriminate in the offering, issuance, 
        cancellation, amount of such coverage, price, or any other 
        condition of a life insurance policy, disability insurance 
        policy, or long-term care insurance policy for a person, based 
        solely and without any additional actuarial risks upon the 
        status of such person as a living organ donor.
    (b) Enforcement.--A State insurance regulator may take such actions 
to enforce subsection (a) as are specifically authorized under the laws 
of such State.
    (c) Definitions.--In this section:
            (1) Disability insurance policy.--The term ``disability 
        insurance policy'' means a contract under which an entity 
        promises to pay a person a sum of money in the event that an 
        illness or injury resulting in a disability prevents such 
        person from working.
            (2) Life insurance policy.--The term ``life insurance 
        policy'' means a contract under which an entity promises to pay 
        a designated beneficiary a sum of money upon the death of the 
        insured.
            (3) Living organ donor.--The term ``living organ donor'' 
        means an individual who has donated all or part of an organ and 
        is not deceased.
            (4) Long-term care insurance policy.--The term ``long-term 
        care insurance policy'' means a contract for which the only 
        insurance protection provided under the contract is coverage of 
        qualified long-term care services (as defined in section 
        7702B(c) of the Internal Revenue Code of 1986).

SEC. 3. CLARIFICATION OF ORGAN DONATION SURGERY AS QUALIFYING AS A 
              SERIOUS HEALTH CONDITION UNDER FMLA.

    Section 101(11) of the Family and Medical Leave Act of 1993 (29 
U.S.C. 2611(11)) is amended by inserting ``(including recovery from 
surgery related to organ donation)'' after ``physical or mental 
condition''.

SEC. 4. UPDATING OF EDUCATIONAL MATERIALS ON THE BENEFITS OF LIVE ORGAN 
              DONATION.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Health and Human Services (in 
this section referred to as the ``Secretary'') shall review and update 
materials related to live organ donation in order to educate the public 
on--
            (1) the benefits of live organ donation; and
            (2) the impact of live organ donation on the access of a 
        living organ donor to insurance.
Such updating shall include information on the changes made by sections 
2 and 3 of this Act.
    (b) Methods of Updating.--In carrying out subsection (a), the 
Secretary shall update, as appropriate--
            (1) Public Service Announcements previously provided by the 
        Secretary;
            (2) publicly accessible Web sites (such as organdonor.gov, 
        or a successor Web site) that are maintained by the Secretary 
        and that contain information and resources regarding live organ 
        donation; and
            (3) other media determined appropriate by the Secretary.
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